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Workers’ Compensation Reform
S.B. 1062 was signed into law by Governor Mary Fallin and creates Title 85A, a new workers’ compensation statute which will fundamentally change the existing workers’ compensation system in Oklahoma
• Administrative Workers’ Compensation Act, (85A O.S. §§ 1-106 & 150-168)
• Oklahoma Employee Injury Benefit Act, and (85A O.S. §§ 107-120)
• Workers’ Compensation Arbitration Act (85A O.S. §§ 121 – 149)
Changes in Benefit Levels
OKLAHOMA WORKERS’ COMPENSATION - TITLE 85
WC ACT - TITLE 85A
Types of Covered
Injuries
Injury by Accident, Occupational Disease, and Cumulative Trauma.
Injury by Accident, Occupational Disease, and Cumulative Trauma.
Medical - Duration
100%
No Limit
100%
No Limit
Vocational
Rehabilitation
Up to 52 weeks.
(+52 weeks additional benefits at same rate as employee’s TTD if employee, actively and in good faith, is being evaluated or participating in a retraining or job placement program for PTD evaluation)
Up to 52 weeks.
(+52 weeks additional benefits at same rate as employee’s TTD if employee, actively and in good faith, is being evaluated or participating in a retraining or job placement program for PTD evaluation)
Temporary Total Disability(TTD)
-Benefits Begin
-Duration Limit
70% of employee’s AWW, not to exceed state’s AWW.
Starting 8th day of disability. If disability extends more than 21 days, payment due from 1st day of disability.
156 weeks (+52 weeks for consequential injury)
70% of employee’s AWW, not to exceed 70% of state’s AWW.
Starting 4th day of disability.
104 weeks (+52 weeks for consequential injury)
Temporary Partial Disability (TPD)
-Duration
70% of the difference between
employee’s AWW and employee’s wage-earning capacity thereafter in same employment or otherwise, if less than before the injury, during continuance of partial disability not to exceed 80% of employee’s AWW at
time of accident.
156 weeks.
70% of the difference between employee’s AWW and employee’s weekly wage for performing alternative work after injury, but only if weekly wage for alternative work is less than TTD rate.
52 weeks.
If employee refuses alternative work, no benefits are paid

Workers’ Compensation Reform
S.B. 1062 was signed into law by Governor Mary Fallin and creates Title 85A, a new workers’ compensation statute which will fundamentally change the existing workers’ compensation system in Oklahoma
• Administrative Workers’ Compensation Act, (85A O.S. §§ 1-106 & 150-168)
• Oklahoma Employee Injury Benefit Act, and (85A O.S. §§ 107-120)
• Workers’ Compensation Arbitration Act (85A O.S. §§ 121 – 149)
Changes in Benefit Levels
OKLAHOMA WORKERS’ COMPENSATION - TITLE 85
WC ACT - TITLE 85A
Types of Covered
Injuries
Injury by Accident, Occupational Disease, and Cumulative Trauma.
Injury by Accident, Occupational Disease, and Cumulative Trauma.
Medical - Duration
100%
No Limit
100%
No Limit
Vocational
Rehabilitation
Up to 52 weeks.
(+52 weeks additional benefits at same rate as employee’s TTD if employee, actively and in good faith, is being evaluated or participating in a retraining or job placement program for PTD evaluation)
Up to 52 weeks.
(+52 weeks additional benefits at same rate as employee’s TTD if employee, actively and in good faith, is being evaluated or participating in a retraining or job placement program for PTD evaluation)
Temporary Total Disability(TTD)
-Benefits Begin
-Duration Limit
70% of employee’s AWW, not to exceed state’s AWW.
Starting 8th day of disability. If disability extends more than 21 days, payment due from 1st day of disability.
156 weeks (+52 weeks for consequential injury)
70% of employee’s AWW, not to exceed 70% of state’s AWW.
Starting 4th day of disability.
104 weeks (+52 weeks for consequential injury)
Temporary Partial Disability (TPD)
-Duration
70% of the difference between
employee’s AWW and employee’s wage-earning capacity thereafter in same employment or otherwise, if less than before the injury, during continuance of partial disability not to exceed 80% of employee’s AWW at
time of accident.
156 weeks.
70% of the difference between employee’s AWW and employee’s weekly wage for performing alternative work after injury, but only if weekly wage for alternative work is less than TTD rate.
52 weeks.
If employee refuses alternative work, no benefits are paid